INSTRUCTIONS FOR FORM FOR RE CORDING A MARKETABLE NONMETALLIC MINERAL DEPOSIT WITH THE OFFICE OF REGISTER OF DEEDS A. Introduction These instructions are for the accompanying form, which was developed to assist landowners who wish to register a marketable nonmallic mineral deposit on land theet y own. Such registration is allowable under subch. VI of ch. NR 135, Wis. Adm. Code. These administrative rules have been promulgated by the Wisconsin Department of Natural Resources as directed by s. 295.20(4), Stats. The form was developed by the Department as an aid to assist landowners wishing to register marketable nonmetallic mineral deposits. Use of this form is not mandatory any registration is valid as long as it meets the requirements detailed in NR 135 and the law that governs recording of deed documents. The form was developed to give guidance for proper format and meet the legal requirements for registration in most situations. However, a particular landowner should review the relevant facts, and may wish to include additional or different information in registration such an approach is appropriate, so long as the recording meets the requirements of s. NR 135.56, Wis. Adm. Code and other applicable law. When completed, the accompanying form should be recorded with the Office of the Register of Deeds in the county where the property containing the marketable nonmetallic mineral deposit is located. There is a fee for recording this document. This document and the accompanying registration form are intended solely as guidance and do not contain any mandatory requirements exct where requireep ments found in statute or administrative rule are referenced. This guidance does not establish or affect legal rights or obligations and is not finally determinative of any of the issues addressed. This guidance does not create any rights enforceable by any party in litigation with the State of Wisconsin or the Department of Natural Resources. Any regulatory decisions made by the Department of Natural Resources in any matter addrssed by this guidance will be e made by applying the governing statutes and administrative rules to the relevant facts. B. General Instructions and Format Filings with an Office of the Register of Deeds need to meet the format requirements in s. 59.43(2m), Stats. Among other things, these require that filings be on white paper, have a 0.5 inch blank top margin, be rproducible be y a copy machine and microfilm camera or optical scanner, be in black ink and not be hinged or completely joined on any side or top margin. These days, documents filed with Registers of Deeds are usually optically scanned, so the margins, black ink color and legibility requirements are particularly important. Note, for many fields, the space shown may not be sufficient, or the landowner may wish to add additional information. In such cases, additional sheets may be attached providing they meet the format requirements in s. 59.43(2m)(b), Stats., some of which are discussed above. March 2003 1>>>> 2C. Explanation and Instructions for Specific Fields Section 1. Fill in name and address of landowner(s). Under s. NR 135.55, Wis. Adm. Code, only a landowner may register a marketable nonmetallic mineral deposit. The landowners signature is provided elsewhere in Section 7., as discussed below. Section 2. The current legal description of land containing the marketable nonmetallic mineral deposit needs to conform to the requirnts of s. 706.05(2m), Stats. so that it can beeme added by the Registrar of Deeds to the countyact indexs tr of real estate. Use of an outdated or superseded legal description can cause confusion and legal uncertainty. Section 3. The details that must be provided for certification and delineation of a marketable nonmetallic mineral deposit are set out in s. NR 135.56(1), Wis. Adm. Code. Any marketable nonmetallic mineral deposit that a landowner wishes to register must meet the definition in s. NR 135.54, Wis. Adm. Code, namely: A marketable nonmetallic mineral deposit is one which can be or is reasonably anticipated to be commercially feasible to mine and has significant economic or strategic value. The significant economic or strategvaluic e must be demonstrable using geologic, mineralogical or other scientific data, due to the deposits quality, scarcity, location or proximity to a known user. Section NR 135.56(1), Wis. Adm. Code requires the following information be provided by a Wisconsin registered professional geologist or registered professional engineer to show that a marketable nonmetallic mineral deposit exists. This code requires the showing to be based on the following factors: a. Type and quality of the deposit (homogeneity, interbedded units, sorting, strength, etc.) b. Areal extent and depth of the deposit. c. How deposits quality, extent, location and accessibility contribute to its marketability. d. How the deposit is marketable, that is: i. Commercially feasible to mine, and ii. Has significant economic or strategic value, based on deposits quality, scarcity, location, quantity or proximity to a known user. iii. Geologic, mineralogic or other scientific data showing the significant economic or strategic value as defined in item ii. above. March 2003 2>>>> 3 e. The quality of the deposit in relation to current and anticipated standards and specifications for this type of material. The showing in a. through e. above must be part of the certification filed with the appropriate Office of the Register of Deeds. Section NR 135.56(1), Wis. Adm. Code requires these parts of the certification must be supported by logsre ocords of dr rilling, boring, geophysical surveys, records of physical inspections of outcrops, or equivalent scientific data, but there is no code requirement that this supportinginformation be included in the registration filing. Therefore, supporting information, which is likely to be extensive and often of difficult-to-record format [e.g. maps, reports, survey data] should be available to the geologist or engineer making the certification, but need not be part of the recordreed gistration filed with the Office of Register of Deeds. Section 4. The statement for certification by a registered geologist or engineer is required by s. NR 135.56(2), Wis. Adm. Code, which also requires an affixed geologist or engineers seal. The statement and sealing for this certification can be done on an attachment to the